What to Do If You Didn't Get an H-1B Visa in the New Round?
The USCIS has officially announced that the initial registration selection for the 2027 fiscal year H-1B has been fully completed, and the USCIS has received enough electronic registrations, meaning both the regular cap (65,000) and the advanced degree exemption (20,000) have been fully selected.
Currently, all selection results have been notified through the employer's or attorney's myUSCIS account ("Selected" means winning the lottery). For international students and foreign workers who participated in this year's lottery, the results are final.
For selected applicants: 90-day filing window open
It's important to note that being selected does not equal being approved. A selection merely means you are eligible to apply under the cap-limited petition. Final approval depends on whether the supporting documents you submit later are complete, truthful, and meet requirements.
If your status shows as "Selected," please keep the following in mind:
• Filing window: April 1, 2026 - June 30, 2026 (90 days total)
• Form version requirement: Only the February 27, 2026 version of the I-129 form is accepted
• Consistent information: Your application information must be completely consistent with your registration information
• Presidential additional fee: Some applications require an additional payment of $100,000
If not selected: What to do next?
For applicants not selected in this round, especially U.S. graduates facing OPT expiration, anxiety and confusion are inevitable. Although there is a possibility of a second round of lottery this year, the odds are low, and it's unrealistic to pin all hopes on this. Another option is to continue further studies or maintain F-1 status by other means and wait for the next fiscal year's H-1B lottery.
But based on current policy trends, H-1B is becoming increasingly difficult. Recently, the U.S. Department of Labor released a proposed rule to significantly raise the H-1B visa "minimum wage standard", which is now in a 60-day public comment period (ending May 26, 2026). This means that future business costs may increase, and H-1B applications will more closely scrutinize wages, job positions, and employer compliance capabilities, making it even more challenging for students, particularly for entry-level and recent graduates.
At the same time, Congressman Andy Ogles from Tennessee recently submitted a new bill to Congress—the "Assimilation Act," aiming to completely shut down the green card lottery and entirely terminate the H-1B visa program. H-1B is not just facing issues of "increased difficulty" but a test of "whether it exists at all."
For those not selected, focusing solely on H-1B isn't necessary for staying in the U.S. Instead of endlessly waiting for a lottery, consider a more secure long-term status plan, such as EB-5 investment immigration.
Beyond H-1B
EB-5 is becoming a more secure route to a green card
Unlike H-1B, which is constrained by lottery, job position, salary, and employer factors, EB-5 is essentially a direct path to a U.S. green card. Under the new law, the core advantage of EB-5 lies in its "dual filing" policy. Applicants already in the U.S. can simultaneously submit the I-526E immigration application and the I-485 status adjustment application and receive a combo card in about 2-3 months, allowing legal residence, free employment, and the ability to travel—a status similar to a green card without a long wait.
More importantly, the current EB-5 rural projects possess a priority processing advantage and the "no waiting period + dual filing" benefit, making it a golden window of policy. However, this advantage will not last forever. With reserved quotas continuously consumed, a silent warning of hidden wait times has emerged; at the same time, the grandfather clause will expire on September 30, and the minimum investment amount may increase from $800,000 to $900,000 or more as of January 1, 2027. In other words, the sooner you act, the better the chance of securing today's precious policy window.